Official Opinion 2000-11

December 29, 2000

To:

Deputy Director Georgia Crime Information Center

Re:

Updating of crimes and offenses for which the Georgia Crime Information Center is authorized to collect and file fingerprints.

You have requested my opinion concerning whether any of the following fifteen misdemeanor offenses enacted during the 2000 Session of the General Assembly should be designated as offenses for which persons charged with violations are to be fingerprinted: O.C.G.A. § 2-21-8; O.C.G.A. § 15-13-35; O.C.G.A. § 34-15-17; O.C.G.A. § 36-91-21(f); O.C.G.A. § 43-34-71(a); O.C.G.A. § 45-9-106(a); O.C.G.A. § 48-13-59; O.C.G.A. § 48-13-60; O.C.G.A. § 48-13-61; O.C.G.A. § 48-13-62; O.C.G.A. § 48-13-63; O.C.G.A. § 50-19-2; O.C.G.A. § 50-25-7.7(a); O.C.G.A. § 50-25-7.9(b); and O.C.G.A. § 50-25-7.9(c). In addition to the list of fingerprintable offenses mandated by statute, O.C.G.A. § 35-3-33(1)(A)(ii) provides that the Attorney General may designate any other offense as one for which those charged with violations are to be fingerprinted.

The first of the fifteen misdemeanor offenses is O.C.G.A. § 2-21-8. That Code section makes it a misdemeanor to violate the provisions of the “Georgia Organic Certification and Labeling Act.” An offense resulting from the violation of this Code Section does not appear to be an offense for which fingerprinting is required, and I am not, at this time, designating this offense as one which requires fingerprinting.

The second misdemeanor offense is O.C.G.A. § 15-13-35. That Code section makes it a misdemeanor for any officer of court knowingly to demand fees, as costs from a defendant in a criminal case, to which such officer is not entitled and for any prosecuting attorney to demand or receive any fee or costs on any criminal case which has not been tried by a trial jury or otherwise finally disposed of. An offense resulting from the violation of this Code section does not appear to be an offense for which fingerprinting is required, and I am not, at this time, designating this offense as one which requires fingerprinting.

The third misdemeanor offense is O.C.G.A. § 34-15-17. That Code section makes it a misdemeanor for any person to solicit, disclose, receive, or make use of or authorize, knowingly permit, participate in, or acquiesce in the use of any list of, or names of, or any information concerning persons applying for or receiving vocational rehabilitation. An offense resulting from the violation of this Code section does not appear to be an offense for which fingerprinting is required, and I am not, at this time, designating this offense as one which requires fingerprinting.

The fourth misdemeanor offense is O.C.G.A. § 36-91-21(f). That Code section makes it a misdemeanor for any member of a governmental entity who lets any public works construction contract to receive, take, or contract to receive or take, either directly or indirectly, any part of the pay or profit arising out of any such contract. An offense resulting from the violation of this Code section does not appear to be an offense for which fingerprinting is required, and I am not, at this time, designating this offense as one which requires fingerprinting.

The fifth misdemeanor offense is O.C.G.A. § 43-34-71(a). That Code section makes it a misdemeanor to practice acupuncture or auricular (ear) detoxification therapy without a license or to represent oneself to be an acupuncturist or auricular (ear) detoxification specialist. An offense resulting from the violation of this Code section does not appear to be an offense for which fingerprinting is required, and I am not, at this time, designating this offense as one which requires fingerprinting.

The sixth misdemeanor offense is O.C.G.A. § 45-9-106(a). That Code section makes it a misdemeanor for any person knowingly to give false information or false testimony causing the payment of temporary disability compensation which would not otherwise be justified. An offense resulting from the violation of this Code section does not appear to be an offense for which fingerprinting is required, and I am not, at this time, designating this offense as one which requires fingerprinting.

The seventh misdemeanor offense is O.C.G.A. § 48-13-59. That Code section makes it a misdemeanor for any innkeeper to fail, neglect, or refuse to collect the excise tax on rooms, accommodations, and lodging. An offense resulting from the violation of this Code section does not appear to be an offense for which fingerprinting is required, and I am not, at this time, designating this offense as one which requires fingerprinting.

The eighth misdemeanor offense is O.C.G.A. § 48-13-60. That Code section makes it a misdemeanor for any innkeeper to make a false or fraudulent return with intent to evade the tax levied by this article. I hereby designate the violation of O.C.G.A. § 48-13-60 as an offense for which those charged are to be fingerprinted.

The ninth misdemeanor offense is O.C.G.A. § 48-13-61. That Code section makes it a misdemeanor for any innkeeper to fail or refuse to furnish any return required to be made by this article or to fail or refuse to furnish a supplemental return or other data required by the governing authority imposing a tax under this article. An offense resulting from the violation of this Code section does not appear to be an offense for which fingerprinting is required, and I am not, at this time, designating this offense as one which requires fingerprinting.

The tenth misdemeanor offense is O.C.G.A. § 48-13-62. That Code section makes it a misdemeanor for any innkeeper to fail to keep records or to fail to open the records to inspection as required by law. An offense resulting from the violation of this Code section does not appear to be an offense for which fingerprinting is required, and I am not, at this time, designating this offense as one which requires fingerprinting.

The eleventh misdemeanor offense is O.C.G.A. § 48-13-63. That Code section makes it a misdemeanor for any innkeeper to violate any other provision of this article for which punishment is not otherwise provided. An offense resulting from the violation of this Code section does not appear to be an offense for which fingerprinting is required, and I am not, at this time, designating this offense as one which requires fingerprinting.

The twelfth misdemeanor offense is O.C.G.A. § 50-19-2. That Code section makes it a misdemeanor for any person to operate any motor vehicle owned or leased by the state without proper identification affixed to the vehicle. An offense resulting from the violation of this Code section does not appear to be an offense for which fingerprinting is required, and I am not, at this time, designating this offense as one which requires fingerprinting.

The thirteenth misdemeanor offense is O.C.G.A. § 50-25-7.7(a). That Code section makes it a misdemeanor for the executive director or any employee of the Georgia Technology Authority to be financially interested or have any personal beneficial interest in the purchase of or contract for any materials, equipment, or supplies, nor in any such firm, corporation, partnership, or association furnishing any such supplies, materials, or equipment to agencies or the authority. An offense resulting from the violation of this Code section does not appear to be an offense for which fingerprinting is required, and I am not, at this time, designating this offense as one which requires fingerprinting.

The fourteenth misdemeanor offense is O.C.G.A. § 50-25-7.9(b). That Code section makes it a misdemeanor for any employee or official of the state or any other person to purchase, directly or indirectly, through the Georgia Technology Authority any article, material, merchandise, ware, commodity, or other thing of value for the personal or individual ownership of himself or herself or other person or persons. I hereby designate the violation of O.C.G.A. § 50-25-7.9(b) as an offense for which those charged are to be fingerprinted.

The fifteenth and final misdemeanor offense is O.C.G.A. § 50-25-7.9(c). That Code section makes it a misdemeanor for any person knowingly to sell or deliver any article, material, merchandise, ware, commodity, or other thing of value to any person, directly or indirectly, by or through the Georgia Technology Authority for the individual and personal ownership of such person or other person or persons. I hereby designate the violation of O.C.G.A. § 50-25-7.9(c) as an offense for which those charged are to be fingerprinted.

I trust that my revisions of the specific designations of those offenses for which persons charged with violations are to be fingerprinted will aid you in discharging your duties pursuant to the Georgia Crime Information Act.